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Warburton attorneys monthly sustainability legislation, regulation and parliamentary update

Warburton attorneys monthly sustainability legislation, regulation and parliamentary update

7th January 2016

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SECTION A:  ENVIRONMENTAL (NATIONAL)

National Environmental Management: Air Quality Act 39 of 2004

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1. Waterberg Bojanala Priority Air Quality Management Plan. Published in GG 39489 Notice Number 1207 dated 9 December 2015.

Water Services Act 108 of 1997

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2. Extension of service area of Umgeni Water and Mhlathuze Water to include the entire area of the KwaZulu-Natal province. Published in GG 39491 Notice Number 1208 dated 10 December 2015.

Electricity Regulation Act 4 of 2006

3. Determination in terms of the Nuclear Programme. Published in GG 39541 Notice Number 1268 dated 21 December 2015.

National Heritage Resources Act 25 of 1999

4. Regulations made by the South African Heritage Resources Agency. Published in GG 39533 Notice Number 1258 dated 18 December 2015.

Disaster Management Amendment Act 16 of 2015

5. The President has assented to the Act and it has been published for general information. It will come into operation on a date to be determined by the President. Published in GG 39520 Notice Number 1239 dated 15 December 2015.

Promotion of Access to Information Act 2 of 2002

6. Description submitted in terms of section 15(1): Gauteng Province: Department of Agriculture and Rural Development. Published in GG 39475 Notice Number 608 dated 4 December 2015.

7. Exemption of certain private bodies from compiling a manual. Published in GG 39504 Notice Number 1222 dated 11 December 2015.

8. Manual in accordance with the Act: Department of Water and Sanitation. Published in GG 39510 dated 15 December 2015.

SECTION B: SAFETY AND HEALTH (NATIONAL)

Compensation for Occupational Injuries and Diseases Act 130 of 1993

9. Unclaimed moneys - Pretoria. Published in GG 39476 Notice Number 703 dated 4 December 2015.

Occupational Health and Safety Act 85 of 1993

10. Incorporation of Safety Standards into the Electrical Installation Regulations. Published in GG 39504 Notice Number 1225 dated 11 December 2015.

National Health Act 61 of 2003

11. Terms of Reference for the National Health Insurance Work Streams. Published in GG 39507 Notice Number 1231 dated 11 December 2015.

12. National Environmental Health Norms and Standards for premises and acceptable monitoring standards for environmental health practitioners. Published in GG 39561 Notice Number 1229 dated 24 December 2015.

Civil Aviation Act 13 of 2009

13. Twelfth Amendment of the Civil Aviation Regulations 2011. Published in GG 39563 Notice Number 1284 dated 24 December 2015.

14. Thirteenth Amendment of the Civil Aviation Regulations 2011. Published in GG 39568 Notice Number 1293 dated 24 December 2015.

Standards Act

15. Issue of new SANS Standards. Published in GG 39504 Notice Number 1206 dated 11 December 2015.

Agricultural Product Standards Act 119 of 1990

16. Agricultural Product Standards: service fee for the classification and marking of meat. Published in GG 39504 Notice Number 1203 dated 11 December 2015.

17. Regulations relating to the grading, packing and marking of Litchis intended for sale in the Republic of South Africa. Published in GG 39504 Notice Number 1202 dated 11 December 2015.

SECTION C: SAFETY, HEALTH AND ENVIRONMENTAL
Draft National Legislation and Regulations

Astronomy Geographic Advantage Act 21 of 2007

18. Notice to extend the date for the submission of written comments on the draft regulations relating to the protection of the Karoo Central Astronomy Advantage Area (published in GG 39442 Notice Number 1166 dated 23 November 2015) from 30 days to 60 days from the date of publication of the said notice. Published in GG 39505 Notice Number 1229 dated 11 December 2015.

19. Notice for workshops to be held within the declared Karoo Central Astronomy Advantage Areas. Published in GG 39531 Notice Number 1264 dated 18 December 2015.

Marine Spatial Planning Bill 2015

20. The Bill was approved by Cabinet during the Cabinet Meeting on 9 December 2015 and has been published for public comment.

National Health Act 61 of 2003

21. White Paper on National Health Insurance. Interested persons are invited to submit written comments within 3 months from the date of publication of this notice. Published in GG 39506 Notice Number 1230 dated 11 December 2015.

National Railway Safety Regulator Act 16 of 2002

22. Draft determination of permit fees. Interested persons are requested to submit written comments within 30 days of publication of this notice. Published in GG 39568 Notice Number 1293 dated 31 December 2015. 

Animal Disease Act 35 of 1984

23. Extension of public consultation on the Draft Veterinary Procedural Notice for Buffalo Disease Risk Management in South Africa (Buffalo VPN). All interested institutions, organisations and individuals are requested to submit written comments on or before 31 January 2016. Published in GG 39494 Notice Number 1209 dated 11 December 2015.

Marketing of Agricultural Products Act 47 of 1996

24. Request for the continuation of statutory measures in the South African Wool Industry. Directly affected groups in the wool industry are invited to submit written comments within 14 days of the publication hereof. Published in GG 39475 Notice Number 601 dated 4 December 2015. 

Meat Safety Act 40 of 2000

25. Invitation for public comments on the Meat Inspection Scheme. Interested parties are invited to submit written comments within 30 days from the date of publication. Published in GG 39519 Notice Number 1238 dated 15 December 2015. 

SECTION D: SAFETY, HEALTH AND ENVIRONMENTAL
Provincial Legislation and Municipal By-Laws

Eastern Cape Province

26. Disaster Management Act 57 of 2002: Declaration of local state of drought disaster (Joe Gqabi District Municipality). Published in PG 3560 Notice Number 41 dated 4 December 2015.

27. Disaster Management Act 57 of 2002: Declaration of local state of organic pollution disaster (Ugi Town). Published in PG 3560 Notice Number 42 dated 4 December 2015.

KwaZulu-Natal Province

28. Greater Kokstad Municipality: Spatial Planning and Land Use Management By-law. Published in PG 1561 Notice Number 120 dated 4 December 2015.

29. Mandeni Municipality: Spatial Planning and Land Use Management By-law. Published in PG 1562 Notice Number 120 dated 4 December 2015.

30. Maphumulo Municipality: Spatial Planning and Land Use Management By-law. Published in PG 1563 Notice Number 120 dated 4 December 2015.

31. Conversion of the South Coast Development Agency (Pty) Ltd into a municipal service utility by-law. Published in PG 1560 Notice Number 216 dated 3 December 2015.

Mpumalanga Province

32. Disaster Management Act 57 of 2002: Declaration of provincial state of disaster. Published in PG 2619 Notice Number 429 dated 4 December 2015.

Western Cape Province

33. Commencement of the Western Cape Land Use Planning Act 3 of 2014 in certain municipal areas. Published in PG 7539 Notice Number 30 dated 1 December 2015.

34. Overstrand Municipality: By-law on Municipal Land Use Planning. Published in PG 7540 dated 4 December 2015.

35. Overstrand Municipality Preamble for the By-Law on Municipal Land Use Planning. Published in PG 7541 dated 7 December 2015.

36. Bitou Municipality: River By-law. Published in PG 7543 dated 7 December 2015.

37. Western Cape Nature Conservation Board: Hunting notice. Published in PG 7544 Notice Number 413 dated 11 December 2015.

38. City of Cape Town: Immovable Property By-law. Published in PG 7544 dated 11 December 2015.

Free-State Province

39. Masilonyana Local Municipality: Municipal Land Use Planning By-law. Published in PG 133 Notice Number 160 dated 11 December 2015.

40. Moqaka Local Municipality: Building Regulations and Building By-law. Published in PG 134 Notice Number 164 dated 11 December 2015.

41. Moqaka Local Municipality: Commonages By-law. Published in PG 134 Notice Number 165 dated 11 December 2015.

42. Moqaka Local Municipality: Electricity Supply By-law. Published in PG 134 Notice Number 166 dated 11 December 2015.

43. Moqaka Local Municipality: Fences and Fencing By-law. Published in PG 134 Notice Number 184 dated 11 December 2015.

44. Moqaka Local Municipality: Public Amenities By-law. Published in PG 134 Notice Number 169 dated 11 December 2015.

45. Moqaka Local Municipality: Unsightly and Neglected Buildings By-law. Published in PG 134 Notice Number 164 dated 11 December 2015.

Northern Cape Province

46. Richtersveld Local Municipality: Spatial Planning and Land Use Management By-law. Published in PG 1977 Notice Number 182 dated 7 December 2015.

47. Siyathemba Local Municipality: Spatial Planning and Land Use Management By-law. Published in PG 1977 Notice Number 183 dated 7 December 2015.

48. Emthanjeni Municipality: Spatial Planning and Land Use Management By-law. Published in PG 1977 Notice Number 184 dated 7 December 2015.

49. Umuntu Local Municipality: Spatial Planning and Land Use Management By-law. Published in PG 1977 Notice Number 186 dated 7 December 2015.

50. Hantam Local Municipality: Spatial Planning and Land Use Management By-law. Published in PG 1977 Notice Number 187 dated 7 December 2015.

51. Umsobomvu Municipality: Spatial Planning and Land Use Management By-law. Published in PG 1979 Notice Number 189 dated 7 December 2015.

SECTION E: SAFETY, HEALTH AND ENVIRONMENTAL
Draft Provincial Legislation and Municipal By-Laws

Free-State Province

52. Draft Standard Business Regulation By-law. The public and interested parties are invited to submit written comments by no later than 30 days from the date of publication of this notice. Published in PG 127 Notice Number 155 dated 4 December 2015.

KwaZulu-Natal Province

53. Nomination of persons to be appointed to the KwaZulu-Natal Nature Conservation Board. Members of the public and organisations are invited to submit written nominations with motivation on or before 17 December 2015. Published in PG 1564 Notice Number 36 dated 3 December 2015.

54. Proposed review and amendment to the Newcastle Water Services By-law. Interested and affected parties are requested to submit written comments by 31 January 2016. Published in PG 1571 Notice Number 220 dated 17 December 2015.

Eastern Cape Province

55. National Environmental Management: Protected Areas Act 57 of 2003: Intention to declare nature reserves and protected environments. Members of the public are invited to submit written comments within 60 days from the date of this notice. Published in PG 3564 Notice Number 191 dated 8 December 2015.

SECTION A:  ENVIRONMENTAL (NATIONAL)

National Environmental Management: Air Quality Act 39 of 2004

1. Waterberg Bojanala Priority Air Quality Management Plan. Published in GG 39489 Notice Number 1207 dated 9 December 2015.

Water Services Act 108 of 1997

2. Extension of service area of Umgeni Water and Mhlathuze Water to include the entire area of the KwaZulu-Natal province. Published in GG 39491 Notice Number 1208 dated 10 December 2015.

Electricity Regulation Act 4 of 2006

3. Determination in terms of the Nuclear Programme. Published in GG 39541 Notice Number 1268 dated 21 December 2015.

National Heritage Resources Act 25 of 1999

4. Regulations made by the South African Heritage Resources Agency. Published in GG 39533 Notice Number 1258 dated 18 December 2015.

Disaster Management Amendment Act 16 of 2015

5. The President has assented to the Act and it has been published for general information. It will come into operation on a date to be determined by the President. Published in GG 39520 Notice Number 1239 dated 15 December 2015.

Promotion of Access to Information Act 2 of 2002

6. Description submitted in terms of section 15(1): Gauteng Province: Department of Agriculture and Rural Development. Published in GG 39475 Notice Number 608 dated 4 December 2015.

7. Exemption of certain private bodies from compiling a manual. Published in GG 39504 Notice Number 1222 dated 11 December 2015.

8. Manual in accordance with the Act: Department of Water and Sanitation. Published in GG 39510 dated 15 December 2015.

SECTION B: SAFETY AND HEALTH (NATIONAL)

Compensation for Occupational Injuries and Diseases Act 130 of 1993

9. Unclaimed moneys - Pretoria. Published in GG 39476 Notice Number 703 dated 4 December 2015.

Occupational Health and Safety Act 85 of 1993

10. Incorporation of Safety Standards into the Electrical Installation Regulations. Published in GG 39504 Notice Number 1225 dated 11 December 2015.

National Health Act 61 of 2003

11. Terms of Reference for the National Health Insurance Work Streams. Published in GG 39507 Notice Number 1231 dated 11 December 2015.

12. National Environmental Health Norms and Standards for premises and acceptable monitoring standards for environmental health practitioners. Published in GG 39561 Notice Number 1229 dated 24 December 2015.

Civil Aviation Act 13 of 2009

13. Twelfth Amendment of the Civil Aviation Regulations 2011. Published in GG 39563 Notice Number 1284 dated 24 December 2015.

14. Thirteenth Amendment of the Civil Aviation Regulations 2011. Published in GG 39568 Notice Number 1293 dated 24 December 2015.

Standards Act

15. Issue of new SANS Standards. Published in GG 39504 Notice Number 1206 dated 11 December 2015.

Agricultural Product Standards Act 119 of 1990

16. Agricultural Product Standards: service fee for the classification and marking of meat. Published in GG 39504 Notice Number 1203 dated 11 December 2015.

17. Regulations relating to the grading, packing and marking of Litchis intended for sale in the Republic of South Africa. Published in GG 39504 Notice Number 1202 dated 11 December 2015.

SECTION C: SAFETY, HEALTH AND ENVIRONMENTAL
Draft National Legislation and Regulations

Astronomy Geographic Advantage Act 21 of 2007

18. Notice to extend the date for the submission of written comments on the draft regulations relating to the protection of the Karoo Central Astronomy Advantage Area (published in GG 39442 Notice Number 1166 dated 23 November 2015) from 30 days to 60 days from the date of publication of the said notice. Published in GG 39505 Notice Number 1229 dated 11 December 2015.

19. Notice for workshops to be held within the declared Karoo Central Astronomy Advantage Areas. Published in GG 39531 Notice Number 1264 dated 18 December 2015.

Marine Spatial Planning Bill 2015

20. The Bill was approved by Cabinet during the Cabinet Meeting on 9 December 2015 and has been published for public comment.

National Health Act 61 of 2003

21. White Paper on National Health Insurance. Interested persons are invited to submit written comments within 3 months from the date of publication of this notice. Published in GG 39506 Notice Number 1230 dated 11 December 2015.

National Railway Safety Regulator Act 16 of 2002

22. Draft determination of permit fees. Interested persons are requested to submit written comments within 30 days of publication of this notice. Published in GG 39568 Notice Number 1293 dated 31 December 2015. 

Animal Disease Act 35 of 1984

23. Extension of public consultation on the Draft Veterinary Procedural Notice for Buffalo Disease Risk Management in South Africa (Buffalo VPN). All interested institutions, organisations and individuals are requested to submit written comments on or before 31 January 2016. Published in GG 39494 Notice Number 1209 dated 11 December 2015.

Marketing of Agricultural Products Act 47 of 1996

24. Request for the continuation of statutory measures in the South African Wool Industry. Directly affected groups in the wool industry are invited to submit written comments within 14 days of the publication hereof. Published in GG 39475 Notice Number 601 dated 4 December 2015. 

Meat Safety Act 40 of 2000

25. Invitation for public comments on the Meat Inspection Scheme. Interested parties are invited to submit written comments within 30 days from the date of publication. Published in GG 39519 Notice Number 1238 dated 15 December 2015. 

SECTION D: SAFETY, HEALTH AND ENVIRONMENTAL
Provincial Legislation and Municipal By-Laws

Eastern Cape Province

26. Disaster Management Act 57 of 2002: Declaration of local state of drought disaster (Joe Gqabi District Municipality). Published in PG 3560 Notice Number 41 dated 4 December 2015.

27. Disaster Management Act 57 of 2002: Declaration of local state of organic pollution disaster (Ugi Town). Published in PG 3560 Notice Number 42 dated 4 December 2015.

KwaZulu-Natal Province

28. Greater Kokstad Municipality: Spatial Planning and Land Use Management By-law. Published in PG 1561 Notice Number 120 dated 4 December 2015.

29. Mandeni Municipality: Spatial Planning and Land Use Management By-law. Published in PG 1562 Notice Number 120 dated 4 December 2015.

30. Maphumulo Municipality: Spatial Planning and Land Use Management By-law. Published in PG 1563 Notice Number 120 dated 4 December 2015.

31. Conversion of the South Coast Development Agency (Pty) Ltd into a municipal service utility by-law. Published in PG 1560 Notice Number 216 dated 3 December 2015.

Mpumalanga Province

32. Disaster Management Act 57 of 2002: Declaration of provincial state of disaster. Published in PG 2619 Notice Number 429 dated 4 December 2015.

Western Cape Province

33. Commencement of the Western Cape Land Use Planning Act 3 of 2014 in certain municipal areas. Published in PG 7539 Notice Number 30 dated 1 December 2015.

34. Overstrand Municipality: By-law on Municipal Land Use Planning. Published in PG 7540 dated 4 December 2015.

35. Overstrand Municipality Preamble for the By-Law on Municipal Land Use Planning. Published in PG 7541 dated 7 December 2015.

36. Bitou Municipality: River By-law. Published in PG 7543 dated 7 December 2015.

37. Western Cape Nature Conservation Board: Hunting notice. Published in PG 7544 Notice Number 413 dated 11 December 2015.

38. City of Cape Town: Immovable Property By-law. Published in PG 7544 dated 11 December 2015.

Free-State Province

39. Masilonyana Local Municipality: Municipal Land Use Planning By-law. Published in PG 133 Notice Number 160 dated 11 December 2015.

40. Moqaka Local Municipality: Building Regulations and Building By-law. Published in PG 134 Notice Number 164 dated 11 December 2015.

41. Moqaka Local Municipality: Commonages By-law. Published in PG 134 Notice Number 165 dated 11 December 2015.

42. Moqaka Local Municipality: Electricity Supply By-law. Published in PG 134 Notice Number 166 dated 11 December 2015.

43. Moqaka Local Municipality: Fences and Fencing By-law. Published in PG 134 Notice Number 184 dated 11 December 2015.

44. Moqaka Local Municipality: Public Amenities By-law. Published in PG 134 Notice Number 169 dated 11 December 2015.

45. Moqaka Local Municipality: Unsightly and Neglected Buildings By-law. Published in PG 134 Notice Number 164 dated 11 December 2015.

Northern Cape Province

46. Richtersveld Local Municipality: Spatial Planning and Land Use Management By-law. Published in PG 1977 Notice Number 182 dated 7 December 2015.

47. Siyathemba Local Municipality: Spatial Planning and Land Use Management By-law. Published in PG 1977 Notice Number 183 dated 7 December 2015.

48. Emthanjeni Municipality: Spatial Planning and Land Use Management By-law. Published in PG 1977 Notice Number 184 dated 7 December 2015.

49. Umuntu Local Municipality: Spatial Planning and Land Use Management By-law. Published in PG 1977 Notice Number 186 dated 7 December 2015.

50. Hantam Local Municipality: Spatial Planning and Land Use Management By-law. Published in PG 1977 Notice Number 187 dated 7 December 2015.

51. Umsobomvu Municipality: Spatial Planning and Land Use Management By-law. Published in PG 1979 Notice Number 189 dated 7 December 2015.

SECTION E: SAFETY, HEALTH AND ENVIRONMENTAL
Draft Provincial Legislation and Municipal By-Laws

Free-State Province

52. Draft Standard Business Regulation By-law. The public and interested parties are invited to submit written comments by no later than 30 days from the date of publication of this notice. Published in PG 127 Notice Number 155 dated 4 December 2015.

KwaZulu-Natal Province

53. Nomination of persons to be appointed to the KwaZulu-Natal Nature Conservation Board. Members of the public and organisations are invited to submit written nominations with motivation on or before 17 December 2015. Published in PG 1564 Notice Number 36 dated 3 December 2015.

54. Proposed review and amendment to the Newcastle Water Services By-law. Interested and affected parties are requested to submit written comments by 31 January 2016. Published in PG 1571 Notice Number 220 dated 17 December 2015.

Eastern Cape Province

55. National Environmental Management: Protected Areas Act 57 of 2003: Intention to declare nature reserves and protected environments. Members of the public are invited to submit written comments within 60 days from the date of this notice. Published in PG 3564 Notice Number 191 dated 8 December 2015.

SECTION F: PARLIAMENTARY MONITORING

Introduction:
The Constitution describes four kinds of bills, namely:
Section 74 bills: constitutional amendments.
Section 75 bills: ordinary bills not affecting the provinces. Once a Section 75 bill has been passed by the National Assembly (NA), it is referred to the National Council of Provinces (NCOP). If the NCOP amends the bill or rejects it, it is referred to the NA, which may pass the bill again, with or without amendments, and submit for the President’s assent. In other words, the NA can pass a Section 75 bill even if the NCOP disagrees.
Section 76 bills: ordinary bills affecting the provinces. The NCOP and the NA both consider Section 76 bills.
Section 77 bills: money bills (must be introduced by the Minister of Finance in the NA).
Each type of bill has a different passage to becoming law and usually fits into only one category. If a bill does not fit clearly into one category, or if it fits into more than one category, it is usually redrafted or split into more than one bill, e.g., the NEM: Biodiversity Bill which was split into the NEM: Biodiversity Bill and NEM: Protected Areas Bill. Both of these have now been enacted.
(http://www.pmg.org.za/ and http://www.parliament.gov.za/live/index.php)

Sustainability Related Legislative Programme: Parliament of South Africa

BILLS BEFORE PARLIAMENT (as of 6 January 2016):

1. Plant Improvement Bill (B8 of 2015)
2. Plant Breeders Rights Bill (B11 of 2015)
3. Mineral and Petroleum Resources Development Amendment Bill (B15 of 2013)

BILLS BEFORE THE PRESIDENT (as of 6 January 2016):

1. Medicines and Related Substances Amendment Bill (B6 of 2014)

Submitted by Warburton Attorneys. This Legal Brief should not be regarded a comprehensive discussion of the topics addressed and, in particular, should not be taken as legal advice or relied upon. For further information please contact: lulu@warburtons.co.za

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